In this case Tessemae’s tend to be the plaintiff and is a Maryland limited liability company. On the other hand the defendant tend to be Mike McDevitt and is a non-lawyer owner and CEO of Tandem Legal group. Mike McDevitt and Lawsuit tend to be the major cause of all this misunderstanding. In this case McDevitt persuaded Tessemae’s to hire him with the promise of using Tandem legal and business services. It meant that McDevitt would serve as point of contact of all business dealings between Tessemae’s and Tandem defendants. Some of the allegations raised in Mike McDevitt and Tessemae’s case includes the following.
One of them is RICO. Tessemae’s arts a claim under the Racketeer influenced and corrupt organizations act against McDevitt and Tandem Group. There are some requirements in this point such as conduct, of an enterprise, through a pattern and of racketeering activity. There are multiple injuries that were suffered by the plaintiff.
Common-law fraud. The plaintiff claims that Michael McDevitt and Fraud cases were reported. It’s s requirement under Rule 9(b) for the plaintiffs to plead claims of fraud with particularity. This means that the particularity is the time, place, contents of false representations and identity of the person making the misrepresentation and what obtained thereby. The court finds that Tessemae’s has pleaded its claim of common-law fraud with sufficient particularity to survive defendant’s motion. There is identification of the person who made the misrepresentations and is Michael McDevitt and Tandem Legal Group.
Civil conspiracy. Tessemae’s alleges a count of civil conspiracy against defendants McDevitt. Under Maryland law civil conspiracy requires a confederation of two or more persons by agreements or understanding and some unlawful or tortious act. However this cannot stand on its own meaning that it must be based on some underlying tortious action by the defendants. Defendants in this case argues that Tessemae’s has not pled facts that support its assertions of a civil conspiracy among McDevitt, has not pled any facts supporting existence of a confederation among the defendant and has not alleged the commission of any underlying tortious act. The court therefore rules that the plaintiff has an amended complaint with a naked allegations.
The last one is tortious interference. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. There are some requirements under the Maryland law requiring that the plaintiff should show that the defendant committed intentional and willful acts, calculated to cause damage to the plaintiff in its lawful business, there is actual damage and it was done with the unlawful purpose of causing such damage. The plaintiff must allege interference through improper means which the law limits to violence, defamation and intimidation. In addition the plaintiff must allege that the defendant interfered with its existing or anticipated business relationships. Tessemae’s failed to prove this point.
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